Claims and defenses are any valid reasons you have for not paying a certain credit card charge. They include billing errors, unauthorized charges, and claims that goods or services were misrepresented, defective, or not delivered.
The credit card company can be held responsible under Federal law (15 USC 1666i).
How do I assert claims and defenses?
You assert your claims and defenses by writing to the credit card company showing that you tried to resolve the problem with the store directly but they refused to remedy the problem. Tell them you are withholding payment until the problem is resolved.
Are there any limitations on raising claims and defenses?
Yes. In order to assert claims and defenses, the purchase must have been made in the same state you live in, or within 100 miles of your home. Also, the amount of the disputed charge must be more than $50.
If the credit card company and the business honoring the card are connected, for example, a department store honoring its own credit card, this limitation does not apply. This also applies to advertisements that were included in your credit card statement.
If I've already paid the disputed amount on my credit card, can I still raise my claims and defenses?
No. Once you pay the disputed amount, you cannot assert claims and defenses. If you paid only part of the disputed amount, you can still put a claim in for the remaining balance owed.
Can I use claims and defenses for purchases made on the telephone?
Yes. If you fall victim to a fraudulent telemarketer, who charges your credit card for worthless vacations, investments, or other goods or services, you can use the claims and defenses procedure to dispute these phony charges.
Can I assert claims and defenses if I place an order by phone with a company in another state?
If the company contacted you by phone, the law states that the purchase took place where you received the call.
If you feel the charge is fraudulent, you can refuse to pay and can assert your claims and defenses.
If you contacted the out-of-state company by phone, the purchase is usually considered to have taken place at their location. In that case, you could not assert your claims and defenses.
Is there a time limit for asserting claims and defenses?
If you sue for the amount in dispute, you must do so within one year of the purchase. However, if the credit card issuer or the retailer sues you, you can raise your claims and defenses at anytime.
Credit Card And Bankruptcy
Tempting though it may seem, there are pitfalls in attempting to overleverage your credit cards using one of the many tactics ?exposed' both in popular finance books and online. The reality is that in most cases, lenders have identified and considered any loopholes before the average consumer has heard about them, and if they have not already done so, are sure to correct them quickly.
For example if you swap cards repeatedly so as to keep within 0% interest offers, you risk being penalised by the credit agencies and eventually you will no longer be able to get any cards at any interest rate, or qualify for mortgages or loans.
One essential piece of advice is to ONLY use credit cards for cash-back provided you are not charged any interest. The temptation to use the credit card to gain cash from a cash point can be high, yet by not paying back the card in full at the end of each month, this can be an extremely expensive method of borrowing.
Some advice sources will tell you that cash-back on a credit card, paid off monthly in full is the same as cash-back on a debit card, but that simply is not true; no debit card on the market charges you for getting cash back with your for the simple fact that you are in fact accessing your own funds rather than extending your credit with a lender.
There are other theories that state that since many credit cards lend new customers money at 0%, you can easily borrow this money and put it into a savings account with as high a rate of interest as is available.
The theory is that you will then be earning interest on money you have acquired effectively for nothing and is similar to the idea that you can borrow money as an overdraft from the bank and swap large amounts between accounts in different banks to look as if you have a large income going in and going out.
This is supposed to boost your credit rating - but beware: credit agencies do not look at how much is going in and out of accounts, they simply register whether the money is paid on time in order to rate you for further credit.
In general it is inadvisable to see interest free credit or 0% interest offers as free loans - these offers do not last forever and if you miss a payment you will actually accrue more interest than if you had a standard rate of interest in the first place!
With many card providers offering incentives to spend you can expect, with normal usage, to receive some reward for your spending - however, spending vast amounts of cash in order to qualify for free gifts, air miles or other similar incentives is not a good investment!
As with any type of credit, borrowing on a credit card can give you access to funds when you need them most ? as long as spending is kept within affordable limits it can be an extremely useful way of taking care of your outgoings but it needs to managed carefully.
Both Lar & Peter Spyr are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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